CALHOUN CIRCUIT COURT HOLDS THREE DAY SESSION

(06/15/2019)
The Honorable Anita Harold Ashley held Circuit Court in Calhoun County on June 11, 12, and 13th.

Prosecutor Shannon Johnson said on June 11 there were thirteen felony cases set for trial.

The case against Rick Boatright was continued to July 8, 2019 for a Pre-Trial Hearing. The cases against Christian Cottrell, Joshua May, Johnny Blosser, Keith Moore, and Shawn Parsons were continued to August 20, 2019 for Jury Trial.

The Court continued Brian Burrows’ felony case to July 29, 2019 for a Status Hearing. The cases against Christopher Scott Lamp, Loralee Lamp, Jedidiah Stutler, and Joey Allen Barnett were continued to August 13, 2019 for Jury Trial. There is an active capias for the arrest of Joey Barnett, according to prosecutor Johnson.

Nicholas Lane also appeared for a Final Review of his one year probationary period following his entry of a plea to Manufacturing of a Controlled Substance, a Felony, and Possession of a Controlled Substance, a misdemeanor. The Court found that he had successfully completed his probation, and dismissed the felony charges against Mr. Lane. The court sentenced Lane to two years supervised probation on the misdemeanor charge.

Jacob Dodd appeared for a Motion for a Reduction of his bond. The Court reduced his bond to five thousand dollars cash or surety with a condition that MDodd immediately report to an inpatient rehabilitation treatment center upon his release and complete treatment.

Michael Knicely appeared for a Motion to Revoke his Home Confinement. The Court noted that Knicely was scheduled to discharge his home confinement sentence just a few days after he was arrested for the violation. The Court acknowledged the recent incarceration as a punishment for the violation and released Mr. Knicely from incarceration and home confinement.

The Court also heard five juvenile cases.

A jury was empaneled in the felony trial of Thomas Cain for Malicious Assault and continued for a second day.

Following deliberations on June 12 the Jury returned a verdict of guilty of Unlawful Wounding, a felony, against Cain. His case will come on for consideration of any post-trial motions and possible sentencing on July 8, 2019 at 9:00 A.M.

In addition, the Court heard evidence related to a Motion for a New Trial in the State of WV v. Jamie Miller and Evan Hersman cases. After considering the evidence and arguments of the parties, the Court denied the motion and set sentencing for July 29, 2019 at 11:00 A.M.

Judge Ashley was back in Calhoun County for a Motion Day on June 13, 2019. The Court sentenced Jason McVey to two to ten years in the state penitentiary for the Malicious Assault of Joshua Hardman on March 4, 2018. The Court gave McVey credit for 465 days and recommended that he complete the residential substance abuse treatment program prior to parole.

Chanelle Cottrell was sentenced to five years home confinement for her conviction of “Harboring, Concealing, Maintaining, or Assisting Principal Felon After the Fact,” a felony, related to the shooting of Hardman by McVey on March 4, 2018. Cottrell was given credit for 465 days that she has served on home confinement. She was also ordered to complete outpatient rehabilitation treatment and attend NA or AA classes two times per week.

Joshua Settle appeared for sentencing following his conviction at jury trial of multiple offenses. Settle was sentenced to one to five years in the state penitentiary for attempt to disarm a police officer, a felony; one year in the regional jail for obstructing an officer, a misdemeanor; one year in the regional jail and a $500 fine for fleeing from an officer by means of a vehicle, a misdemeanor; one year in the regional jail for battery on a police officer, a misdemeanor; $100 fine for defective equipment, a misdemeanor; ninety days in the regional jail and a $500 fine for driving on a suspended license, third offense, a misdemeanor; six months in the regional jail for possession of a controlled substance, a misdemeanor; and one year in the regional jail for destruction of property, a misdemeanor. The Court ordered that these sentences be served consecutive to one another. Mr. Settle was given credit for 785 days of time served.

Brian Hardman appeared on a motion to reduce bond. Following an objection from the State, the Court denied the motion. His bond shall remain at $125,000 cash, property, or surety.

Ben Jackson appeared for sentencing upon his conviction of driving on a revoked license for DUI, second offense. He was sentenced to one year in the regional jail. He was given credit for 156 days.

Grover Knight, Zachary Bell, Robby Lamp, Patty Sampson, and Seth Wease appeared for Arraignment. Their cases were set for Jury Trial on August 13, 2019.

Robert Beckett did not appear and a bench warrant was issued for his arrest.

Dennis Bailey and Darren Parsons did not appear for their First Appearances as they are incarcerated in the Department of Corrections custody. The Court ordered that they be transported to a hearing on July 8, 2019.

Christopher Sampson appeared for First Appearance and Arraignment. His case was set for Jury Trial on August 20, 2019. Tara Metz and Jonathan McIntryre appeared for Arraignment. Their cases were set for Jury Trial on August 20, 2019.

Matthew Freshour appeared for Arraignment. His case was set for Jury Trial on October 8, 2019.

Jeremy Burrows appeared for a First Appearance. His case was set for Arraignment on July 8, 2019.

James Scott Morford appeared on a Motion to Revoke Bond and Home Confinement. He admitted the violations and his bond was revoked.

The court also heard an additional twenty one juvenile cases.